February 04, (THEWILL) – The Special Offences Court sitting in Ikeja, Lagos, has discharged and acquitted former Aviation Minister, Femi Fani-Kayode, of a 12-count charge bordering on the procurement of a fabricated medical report and the use of false documents.
The Economic and Financial Crimes Commission had accused Fani-Kayode of procuring one Dr. Ogieva Oziegbe to issue a fake medical report, which he allegedly tendered before the Federal High Court, where he was being prosecuted for an alleged N4.9 billion fraud.
According to the EFCC, Fani-Kayode allegedly conspired with Dr. Oziegbe on October 11, 2021, in Kubwa, Abuja, to execute a document titled, ‘Medical Report on Olufemi Fani-Kayode 60 Years/Male/Hosp. No.00345,’ purportedly issued by Kubwa General Hospital.
The former minister was facing charges related to the alleged use of forged medical reports before Justice Daniel Osiagor of the Federal High Court in Ikoyi, Lagos.
One of the counts read, “That you, Femi Fani-Kayode, on or about October 11, 2021, in Lagos, within the jurisdiction of this Honourable Court, fraudulently used a false document titled: ‘Medical Report on Olufemi Fani-Kayode 60 Years/Male/Hosp. No. 00345’ before the Federal High Court, Lagos Judicial Division in charge No. FHC/L/251C/2016, which you purported to have been issued by Kubwa General Hospital.”
Another count stated, “That you, Femi Fani-Kayode, on or about March 23, 2021, in Lagos, within the jurisdiction of this Honourable Court, fraudulently used a false document titled: ‘To Whom It May Concern Re: Femi Fani-Kayode Male/60 Years Hospital. No. 32145,’ dated March 23, 2021, before the Federal High Court, Lagos Judicial Division in charge No. FHC/L/251C/2016, which you purported to have been issued by Kubwa General Hospital.”
The prosecution noted that procuring and executing documents by false pretence violates Section 369 of the Criminal Law of Lagos State, 2015.
Fani-Kayode pleaded not guilty to the charges.
In her ruling on Tuesday, Justice Olubunmi Abike-Fadipe dismissed the charges, acquitting Fani-Kayode of medical fraud.
The court held that the EFCC lacked the constitutional authority to prosecute the case, as the allegations did not constitute an economic crime.
“The extrajudicial statements presented as evidence cannot be used for any purpose other than to contradict the person who made the statement when in the witness box.
“After careful evaluation of the prosecution’s witnesses, the court finds no evidence linking the defendant to the alleged crimes. The prosecution failed to establish a prima facie case that warrants the defendant to open his defence,” the judge ruled.
The court also noted the absence of key witnesses, including the defendant’s associates who allegedly collected money from him and the lawyer who claimed to have been instructed to submit the medical reports.
Speaking to journalists after the verdict, Fani-Kayode expressed relief, stating, “I am grateful to God and to the judiciary. I’ve been in and out of court for the past 18 years, and this victory is a testament to the truth prevailing in the end.”
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